This CAN’T happen. Can it?
In the aftermath of President Joe Biden’s criticized debate performance against former President Donald Trump, discussions about a potential “Plan C” have emerged to bolster Biden’s reelection prospects.
Advocates of this plan suggest a radical shift: replacing Vice President Kamala Harris with former President Barack Obama. According to legal scholar John Banzhaf from George Washington University Law School, such a move could significantly enhance Biden’s chances against Trump. Banzhaf argues that Obama’s enduring popularity and trust among Americans make him uniquely qualified to strengthen Biden’s ticket.
Addressing constitutional concerns, Banzhaf dismisses interpretations of the 12th and 22nd Amendments that would bar Obama from the vice presidency. He points out that while the 22nd Amendment restricts Obama from being elected president again, it does not explicitly prevent him from assuming the vice presidency and potentially succeeding to the presidency in case of Biden’s inability to serve.
Banzhaf’s analysis challenges the notion that Obama’s prior presidency would disqualify him from the vice presidency under the 12th Amendment, emphasizing that the text specifically addresses election to the presidency, not succession.
While acknowledging Obama’s likely reluctance to accept the vice presidency from Harris, Banzhaf underscores Biden’s perceived vulnerability in his reelection bid. He suggests that having Obama as a backup could instill renewed confidence in the administration and alleviate concerns about Biden’s ability to complete a second term.
Moreover, Banzhaf proposes a scenario where Biden could promise to resign shortly after inauguration, facilitating Obama’s elevation to the presidency. This move, he argues, could also justify Biden’s reversal on commitments like not pardoning his son, Hunter Biden, from a potential legal issue.
Despite the intriguing nature of “Plan C,” it remains speculative and highly improbable. Obama’s willingness to return to an administrative role and the practicalities of such a political maneuver are significant hurdles. Nonetheless, the proposal highlights the pressures and uncertainties facing Biden’s campaign as it navigates the challenges posed by Trump’s formidable electoral presence.
In conclusion, while “Plan C” presents a provocative solution to Biden’s reelection concerns, its implementation appears fraught with complexities and uncertainties, both political and constitutional.